Equality Act 2010: Public Sector Equality Duty what do I need to know?
Equality Act 2010: Public Sector Equality Duty what do I need to know?
Equality Act 2010: Public Sector Equality Duty what do I need to know?
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Common misunderstandings aboutthe <strong>Equality</strong> <strong>Duty</strong>Under the previous public sec<strong>to</strong>r equality duties (forrace, disability and gender), public bodies sometimes<strong>to</strong>ok unnecessary, inappropriate, disproportionate orcounter-productive action in the name of equality.The new <strong>Equality</strong> <strong>Duty</strong> should be applied in sucha way as <strong>to</strong> reverse the overly-bureaucratic andburdensome approach often used under theprevious duties, so that the focus is on performance,not process.4The <strong>Equality</strong> <strong>Duty</strong> <strong>do</strong>es not imposea legal requirement <strong>to</strong> conduct an<strong>Equality</strong> Impact Assessment 2 . Nor isthere is any practical <strong>need</strong> <strong>to</strong> conduct one.Compliance with the <strong>Equality</strong> <strong>Duty</strong> involvesconsciously thinking about the three aims ofthe <strong>Equality</strong> <strong>Duty</strong> as part of the process ofdecision-making. That will entail understandingthe potential effects of the organisation’sactivities on different people, but there is noprescribed process for <strong>do</strong>ing this. Keepinga simple record of how decisions werereached will help public bodies show how theyconsidered the <strong>Equality</strong> <strong>Duty</strong>. Producing an<strong>Equality</strong> Impact Assessment after a decisionhas been reached will not achieve compliancewith the <strong>Equality</strong> <strong>Duty</strong>.4The <strong>Equality</strong> <strong>Duty</strong> <strong>do</strong>es not mean thatpublic bodies have <strong>to</strong> examine equalityissues where they are not relevant<strong>to</strong> the matter in hand. Where it is clearfrom initial consideration that a policy willnot have any effect on equality for any of theprotected characteristics, no further analysisor action is necessary. For example, if a publicbody is conducting a review in relation <strong>to</strong> anissue which has no implications for equality –such as an evaluation of the effect of coastalpollution on marine life – undertaking a formalconsultation or analysis addressing equalityissues where it is evident that the <strong>Equality</strong><strong>Duty</strong> is not relevant would be pointless and isnot required.4The <strong>Equality</strong> <strong>Duty</strong> <strong>do</strong>es not requirepublic bodies <strong>to</strong> take disproportionateaction on equality. <strong>Public</strong> bodies shouldtake a proportionate approach whencomplying with the <strong>Equality</strong> <strong>Duty</strong> – in practice,this means giving greater consideration <strong>to</strong> the<strong>Equality</strong> <strong>Duty</strong> where a function or policy hasthe potential <strong>to</strong> have a substantial effect ondiscrimination or equality of opportunity forthe public or the public body’s employees, andless consideration where the potential effec<strong>to</strong>n equality is slight.For example, a public body might decide<strong>to</strong> translate a leaflet about a key publicservice in<strong>to</strong> a few commonly spokenminority languages, in order <strong>to</strong> ensurepeople from particular ethnic minoritycommunities have access <strong>to</strong> the service.2The specific duties which apply <strong>to</strong> relevant Welsh public bodies contain a requirement <strong>to</strong> make arrangements for assessing the likely impact oftheir activities on their ability <strong>to</strong> comply with the <strong>Equality</strong> <strong>Duty</strong>.8